New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 13

13 Prohibition on preference: employees

1 A fair pay agreement or any other contract, agreement, or arrangement must not confer on a person, because the person is or is not a member of a union or a particular union,—

a) any preference in obtaining or retaining employment; or

b) any preference in relation to terms of employment (including terms relating to redundancy, fringe benefits, or opportunities for training, promotion, or transfer).

2 However, a fair pay agreement may provide that a union member payment may be paid to a covered employee who is a member of a union or a particular union.

3 Subsection (1) is not breached because an employee’s individual contract differs from those of other employees employed by the same employer.

4 For the purpose of subsection (2),
"union member payment" means a payment, agreed in a fair pay agreement, that—

a) an employer pays to each of its covered employees who is a member of a union or of a particular union; and

b) is a separate payment from the employer to its employee; and

c) is not part of the employee’s base wage; and

d) is no more, in total, over the period during which the fair pay agreement applies, than the total amount of the employee’s union membership fees (for 1 union only) for that period.